Calvin Gnech
- Managing Director and Principal Lawyer
- Calvin Gnech
- Managing Director and Principal Lawyer
Expert legal advice for domestic violence cases.
We represent both respondent and aggrieved spouses in domestic violence proceedings. We understand there are two sides to every story, and we work hard to have your side heard by the court.
Complete the form to contact us
Expert legal advice for domestic violence cases.
We represent both respondent and aggrieved spouses in domestic violence proceedings. We understand there are two sides to every story, and we work hard to have your side heard by the court.
Complete the form to contact us
- About domestic violence
Domestic and family violence involves an alleged abuse of power in an intimate relationship.
Domestic violence includes any behaviour which is physically, sexually, economically, emotionally or psychologically abusive, threatening or coercive, or which causes you to fear for one’s safety.
In Queensland, people can apply for domestic violence protection from the courts. A domestic violence order (DVO) is a protection order made by the court to stop threats or acts of domestic violence against victims.
- Solutions
An empathic legal approach to your domestic violence case.
We understand that domestic violence is an emotional area of law with many complexities involved. We will work with you with empathy and understanding, and ensure the best possible outcome for your individual situation. From domestic violence orders to temporary protection orders, we can help you.
In many instances, law enforcement officers are the first responders to incidents of domestic and family violence. According to the Domestic and Family Violence Protection Act of 2012, police have the authority to issue a protection notice when they attend a scene of domestic violence and have reason to believe it has taken place. This notice acts as a request for a protection order to be heard in Magistrates Court at a later time. The notice requires the respondent to display good behaviour and refrain from committing any further acts of domestic violence towards the victim.
In addition, the police may also impose “cool down” conditions if deemed necessary. These conditions include restrictions on the respondent entering a specified location, approaching the victim within a certain distance, or contacting the victim directly or indirectly.
Furthermore, the police have the power to petition the court for a protection order or a modification of an existing order.
A temporary protection order (“TPO”) is a short-term order issued to protect an aggrieved from domestic violence until the application is decided by the court.
TPOs are granted if the court is satisfied that:
- the aggrieved is in a relevant relationship covered by the law; and
- at least one act of domestic violence has been committed.
Application for a TPO can be made without the knowledge of the respondent, and a request can be made for the matter to be considered on an urgent basis.
Temporary protection orders and final protection orders are the two types of DVOs courts can issue. It is pertinent respondent spouses comply with DVOs and their conditions, as any contravention is a criminal offence and could result in criminal charges and possible imprisonment.
Respondent spouses should obtain legal representation as soon as they are made aware of any domestic violence application being brought against them.
Domestic violence orders (“DVO”) are issued by courts in Queensland to stop threats or acts of domestic violence. The ‘aggrieved’ is the person who needs protection from domestic violence, and the ‘respondent’ is the person from whom the aggrieved seeks protection.
A DVO sets out rules the respondent must obey. It is designed to keep the aggrieved safe by making it illegal for the respondent to behave in specific ways.
While a DVO is a civil court order, meaning it will not appear on the respondent’s criminal history, it is a criminal offence to breach an order, and breaches will appear on the respondent’s criminal history.
An application for a DVO can be made by the aggrieved or a police officer, lawyer, guardian or power of attorney of the aggrieved. A DVO can also be made by a party to a child protection proceeding (in the Children’s Court).
All DVOs have two compulsory conditions stating that:
- the respondent must be of good behaviour towards the aggrieved and must not commit domestic violence; and
- the respondent must be of good behaviour towards any person named in the order and not commit associated domestic violence against the named person.
The court can also order other conditions necessary and desirable in the interests of the aggrieved and named persons. In imposing other conditions, ‘the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount’.
It is a criminal offence to breach any of the conditions of a TPO or DVO.
If the respondent breaches the TPO or DVO in any way, the aggrieved spouse may contact police. The police have a statutory duty to investigate domestic violence and can charge the respondent spouse with breaching the TPO or DVO. The respondent would need to appear before the court for a criminal offence.
The maximum penalty for breaching a TPO or DVO is three years imprisonment for the first breach. That penalty is increased to a maximum of five years if there is more than one in any five-year period.
You are entitled to contest an application for a protection order. The courts have the power to impose a temporary protection order pending the outcome of the application for a protection order.
When the court is informed a respondent spouse wishes to contest the application for a protection order, the court will make directions about the filing of material, including sworn affidavits and supporting evidence.
The applicant/aggrieved spouse will be directed to file their material first, followed by the respondent spouse a few weeks later.
The hearing of the matter will occur in the Magistrates Court where the Magistrate hears from the applicant/aggrieved as to why a protection order should be imposed. Both parties may be required to give evidence in closed court (not open to the public), and may also be cross-examined.
After hearing the evidence, the Magistrate will make their decision on the application, taking into account whether:
- a relevant relationship exists between the aggrieved and respondent;
- the respondent has committed domestic violence against the aggrieved; and
- a protection order is necessary or desirable to protect the aggrieved from domestic violence.
If a DVO is made by the court there is a legislative presumption an order will be made for a five-year period. This period of time can be argued in certain circumstances.
The onus of proof is the balance of probabilities, which is a lower threshold than beyond reasonable doubt which is the onus of proof in criminal hearings.
If there are any alterations in the situation after a domestic violence order is established, either party can make a request to the Magistrates Court to modify the terms of the order. The Queensland Court’s website offers resources on how to make such an application, including the option to submit the request electronically.
Not just the respondent or the aggrieved but any named individuals connected to the order can also apply for changes in the conditions or duration of the order.
For instance, if the order is about to expire, you might want to request an extension of its validity period. Additionally, if the police have secured the order on your behalf but are dissatisfied with the conditions, you can later approach the Magistrates Court to have them altered.
Your trusted expert domestic violence lawyers.
We know every situation is different, so we will take time to understand your unique case and the outcome you desire, to give you the best possible legal advice.
Nichale Bool
- Senior Associate
- Nichale Bool
- Senior Associate
Bree Bullock
- Senior Associate
- Bree Bullock
- Senior Associate
Our FAQs
How can we help you?
General
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
Support
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
Payment
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
- Testimonials
Domestic violence
“Our dealings with Calvin were above and beyond our expectations. His complete understanding of both our DVO and QCAT cases were a testament to his knowledge of the law. His approach to our cases were explained in an easy to understand manner and communicated clearly to us which helped relieve the stress we were under. We could not have had a better outcome with both our cases being dismissed. We would highly recommend Calvin and his Legal Firm to anyone needing legal representation.
Thank you once again.”
Previous
Next
